Working Women’s Centre Australia was proud to support advocacy led by the Human Rights Law Centre, alongside veteran advocate Julia Delaforce and others, calling for an amnesty from NDA enforcement in relation to the inquiry into military sexual violence.
In June, Defence Minister Matt Keogh announced that the Commonwealth would not enforce non-disclosure agreements against current and former Australian Defence Force (ADF) members who wish to provide evidence or make submissions to the Inquiry into Military Sexual Violence.
The independent inquiry, expected to begin in late 2026, was established following a recommendation of the Royal Commission into Defence and Veteran Suicide. It will examine how the ADF prevents, manages and responds to military sexual violence, assess progress on previous Royal Commission recommendations, and make recommendations for further reform. The Royal Commission identified sexual violence as a systemic issue within the ADF, with profound impacts on personnel and links to mental health distress and suicide.
The NDA waiver means victim-survivors who have signed agreements with the Commonwealth can participate in the inquiry without fear of legal action for speaking about their experiences.
That matters because an inquiry can only be as effective as the evidence it receives. The people this inquiry needs to hear from are those who have lived through these experiences: current and former ADF members who volunteered to serve their country and whose experiences are critical to understanding the full impact of military sexual violence. Removing barriers to participation helps ensure those voices can be heard.
For WWCA, this outcome also reflects a broader shift in the conversation about NDAs.
Through our Our Silence Is Not For Sale campaign, we have advocated against the misuse of NDAs in workplace sexual harassment and sexual violence matters. While confidentiality can play an important role when it is genuinely chosen by a victim-survivor, it should not prevent people from contributing to inquiries, law reform processes or conversations about systemic harm.
The Government’s commitment currently applies only to participation in the inquiry. While the Commonwealth has agreed not to enforce its own NDAs against people who come forward, it cannot release victim-survivors from confidentiality agreements they may have signed with perpetrators or other third parties. There is still more work to do to ensure survivors can speak about their experiences without fear of legal repercussions.
Even so, this is a significant milestone.
As a traditionally male-dominated and highly hierarchical institution, the ADF’s decision to waive NDAs for the purposes of the inquiry sends an important message: meaningful reform requires victim-survivors to be able to speak about their experiences.
That lesson extends well beyond the military. Institutions cannot meaningfully address sexual violence if the people affected are prevented from speaking about it.
Need information about NDAs?
If you have signed, or are being asked to sign, a non-disclosure agreement in relation to workplace sexual harassment, discrimination or sexual violence, contact your local Working Women’s Centre for information and support.
Lawyers and advocates can also access WWCA’s NDA fact sheet.
Author: Yen Pham, Advocacy and Policy Officer, Working Women’s Centre Australia
